It seems like a joke until it’s you that’s been rear-ended and injured. Understanding the average settlement for labral tear injuries can help victims set realistic expectations.
Another rear-end collision lawsuit? Many people roll their eyes at these lawsuits but fail to realize the extensive injuries, like a labral tear, and surgeries and medical bills that result.
Understanding Labral Tear Injuries
Labral tear injuries are a common type of hip injury that can cause significant pain and limited mobility. These injuries often result from trauma, such as a rear-end collision, and can severely impact a person’s quality of life. Understanding the definition, location, and severity of hip labral tear injuries is crucial in determining the best course of treatment and potential settlement amounts.
Definition of a Labral Tear
A labral tear is a type of injury that occurs when the labrum, a ring of cartilage that surrounds the socket of the hip joint, is damaged or torn. The labrum plays a crucial role in stabilizing the hip joint and facilitating smooth movement. When the labrum is torn, it can cause severe pain, limited range of motion, and instability in the hip. This type of injury can make everyday activities challenging and can significantly reduce a person’s ability to perform physical tasks.
Location of the Injury: Hip joint and the Femur
Labral tears typically occur in the hip joint, specifically in the acetabulum, which is the socket-like structure of the pelvis where the head of the femur (upper thigh bone) fits. The femur, which articulates with the acetabulum, is also affected by labral tears.
The location of the injury is crucial in determining the severity of the labral tear and the potential settlement amount in personal injury cases. Injuries in this area can result in chronic pain and long-term disability. It is essential to seek appropriate medical and legal assistance.
Rear-End Collision Causes Labral Tear
In this case, our client was traveling near the intersection of Wards Ferry and Dean Street in Lynchburg, Virginia. Traffic stopped, as it normally does on Wards Ferry Road, for someone to make a left-hand turn. Our client stopped behind a train of cars, waiting to start moving again soon.
The defendant slammed into our client’s vehicle and rear-ended her. The defendant was a young driver who was traveling with her younger sibling. She testified that she was looking for something in the back seat for her sibling when she violently collided with our client. The impact caused a labral tear hip injury to the client.
Our client was driving with her husband, her small child, and her unborn child. She was visibly distraught by the trauma of the accident and her concern for her child. To hear her describe it, she went into “momma bear mode.”
After the adrenaline subsided, our client started feeling significant back pain. She sought numerous sources of treatment for her back pain including OrthoVirginia, Dr. James White (chiropractor), Palmer Chiropractic, etc.
Hip Labral Tears Are Often Misdiagnosed
It wasn’t until our client was seen by a physician in Charlottesville, Virginia that our client was diagnosed with a labral tear after the rear-end collision. Her back pain was referred from her bilateral labral tear injuries in her hips. Labral tear shoulder injuries are often misdiagnosed due to their complex nature and referred pain.
For about a year, her doctors treated an area of her body that was not injured. The injury causing the pain was her labral tear. Her physician, Dr. F. Winston Gwathmey, performed surgery on one of her hips and recommended the same surgery on the other hip.
Our client was severely injured as a result and was robbed of her enjoyment of life. Her injuries and diagnoses were extensive, which would require future surgery and continued sessions of significant physical therapy.
Medical Expenses and Treatment for Labral Tears
Labral tears can be treated with various medical options, including physical therapy, surgery, and pain management. The cost of medical treatment for labral tears can be significant. It is essential to understand the diagnosis and treatment options to determine the potential settlement amount. Proper treatment is crucial for recovery and can help mitigate the long-term effects of the injury.
Diagnosis and Treatment Options
Diagnosing a labral tear typically involves a combination of physical examination, imaging tests such as X-rays, CT scans, or MRI, and arthroscopy.
Treatment options for labral tears include:
- Physical therapy: A physical therapist can help improve range of motion, strength, and flexibility in the shoulder. This non-invasive treatment is often the first step in managing a labral tear.
- Surgery: Surgical treatment may be necessary to repair or reattach the torn labrum. This option is considered when conservative treatments fail to provide relief.
- Pain management: Pain management options, such as medication or injections, can help alleviate pain and discomfort. These treatments can provide temporary relief and improve the quality of life for those suffering from a labral tear.
The cost of medical treatment for labral tears can vary widely. It depends on the severity of the injury, the location of the injury, and the treatment options chosen. It is essential to work with a personal injury attorney who can help navigate the insurance and legal processes to ensure fair compensation for medical expenses and lost wages. A knowledgeable attorney can make a significant difference in the outcome of a torn labrum claim. Your lawyer must ensure that all aspects of the injury and its impact on the victim’s life are adequately addressed.
Labral Tear Demand to Insurance Company
We made a demand prior to litigation and the insurance company made a ridiculous low ball offer and said that they did not believe she suffered a labral tear after the rear-end collision. They further said that if she did have a labral tear, that the accident did not cause it.
Despite the severity of the injury, the insurance company initially undervalued the labral tear hip settlement. When we started litigation, the insurance defense lawyer said that they may be willing to pay $60,000 or so to resolve the case.
We knew the case was worth significantly more than that.
Litigating a Labral Tear Case
As a result, we continued with litigation and entered the discovery phase. After we finished discovery, we received a jury trial date and started preparing for court.
The insurance company hired Dr. William Andrews. He said that the car accident did not cause her labral tear after the rear-end collision. Other than his bare opinion, he did not state any facts that would support his conclusion. He did not explain how our client was perfectly fine prior to the accident. He didn’t say how she could run several miles a day before the accident. Or, why she could not do that after the accident.
Hip labral tears can be particularly challenging to diagnose and treat, which obviously complicates the litigation process.
Medical Support From Treating Doctor
Dr. Gwathmey wrote three (3) separate letters detailing his opinion. He clearly stated that the car accident caused our client’s labral tears in both hips. He explained that labral tears in the hips are usually misdiagnosed as a back injury. Often, the tear itself refers (sends) the pain signal to the low back. So people who suffer from these labral tear injuries feel the pain in the back even though there is no structural change in the spine. He cited literature explaining that the average person takes 21 months with evaluations from 3.3 different physicians before an accurate diagnosis is made. His explanations of this complicated injury ultimately convinced Nationwide insurance to essentially ignore their own doctor’s worthless opinion.
Unfortunately, our client still suffers great pain, even five years after the accident. Her pain and doctors’ appointments subtract from her life as a mother and wife. She can no longer run two to three times a week as she was prior to the collision. Our client’s life will never be the same, as she is reminded daily of her pain.
Our client incurred almost $90,000 in medical expenses, including over $52,000 for future medical expenses.
Labral Tear Settlement
We were able to secure a $280,000 settlement for her. There was approximately $290,000 in total insurance coverage available. The labral tear injury significantly influenced the final settlement amount due to its severity and long-term impact. Our client agreed to settle on the eve of trial because the cost of trying the case would have exceeded the benefit of obtaining a verdict given the offer made by Nationwide Insurance.
If you want to know how you might receive the right treatment to finally cure your injury, check out our free book Ultimate Guide To Medical Treatment After a Car Accident in Virginia. If we can help you in any way, let us know.
